[Added 5-1-1984 by Ord. No. 84-18]
The Township Council hereby finds and declares
that municipal office and employment are a public trust; that the
vitality and stability of representative municipal government depend
upon the public's confidence in the integrity of its elected and appointed
representatives; that whenever the public perceives a conflict between
the private interests and the public duties of a municipal government
officer or employee, that confidence is imperiled; that the municipal
government has the duty to provide its citizens with standards by
which they may determine whether or not public duties are being faithfully
performed and to apprise its officers and employees of the behavior
which is expected of them while conducting their public duties; and
that it is the purpose of this article to provide a method of assuring
that such standards of ethical conduct shall be clear, consistent,
uniform in their application and enforceable and to provide municipal
officers and employees with advice and information concerning possible
conflicts of interest which might arise in the conduct of their public
duties.
As used in this article, the following terms
shall have the meanings indicated:
Any person employed by the Township of Montclair or its utilities
and listed on the payroll on a full-time, part-time or temporary basis.
Any interest which shall yield directly or indirectly, a
monetary or other material benefit, other than the duly authorized
salary or compensation for services to the Township, to the official
or to any person employing or retaining the services of the official.
The Township of Montclair.
Any person, other than a Township employee, elected, appointed
or retained by the Township, whether paid or unpaid and whether full-time
or part-time.
Any interest arising from blood or marriage relationships
or from close business association.
Any agency, board, body, commission, committee, department
or office of the Township of Montclair having more than just advisory
powers.
A.
Impartiality. No official or employee shall grant
or make available to any person any consideration, treatment, advantage
or favor beyond that which it is the general practice to grant or
make available to the public at large.
B.
Use of public property. No official or employee shall
request, use or permit the use of any publicly owned or publicly supported
property, vehicle, equipment, labor or service for the personal convenience
or the private advantage of himself/herself or any other person. This
rule shall not be deemed to prohibit an official or employee from
requesting, using or permitting the use of such publicly owned or
publicly supplied property, vehicle, equipment, material, labor or
service which it is the general practice to make available to the
public at large or which are provided as a matter of stated public
policy for the use of officials and employees in the conduct of official
business.
C.
Treatment of citizens. All officials and employees
shall treat all citizens with courtesy, impartiality, fairness and
equality under the law.
Every official serving on a committee, board
or council subject to the Open Public Meetings Act,[1] and full-time employees shall file a statement with the
Municipal Clerk disclosing the following information:
A.
The address of any real property located in Montclair
in which the official or spouse has an ownership interest.
B.
The name and address of any business corporation which
does business in or owns real property in Montclair in which the official
or spouse owns 10% or more beneficial interest.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A.
Disclosure and disqualification. Whenever the performance
of his/her duties shall require any official, advisor or employee
to deliberate, act or vote on any matter involving his/her own financial
or personal interest, he/she shall publicly disclose the nature and
extent of such interest and disqualify himself/herself from participating
in public or private deliberations or voting and shall not take any
action in his/her capacity as a Township official, advisor or employee
relating to such matter.
B.
Representation of private persons. No official or
employee shall appear as an attorney on behalf of or represent any
private person other than himself/herself before any public body in
the Township of Montclair.
C.
Gifts and favors. No official or employee shall accept
any gift, whether in the form of money, thing, favor, loan or promise,
intended to influence any official action.
D.
Confidential information. No official, advisor or
employee shall use or permit the use of any confidential information
to advance the financial interest of himself/herself or any other
person or entity or to the detriment of the financial interests of
the Township.
E.
Appearance before boards and commissions.
[Added 11-8-2012 by Ord.
No. O-12-59; amended 3-28-2017 by Ord. No. O-17-014]
(1)
No member of a board or commission with more than advisory powers
concerning an application or appearance may preside or participate
in public or private deliberations or voting with regards to that
application or appearance in which that member has an ownership interest,
has a financial interest, or is an employee of an entity that is appearing
before that board or commission in any capacity.
(2)
Any member whose participation in an application or appearance would violate Subsection E(1) of this section must disqualify himself/herself from participating in public or private deliberations or voting and shall not take any action in his/her capacity as a board member relating to such matter. The disqualified member shall not be present during the portion(s) of a meeting in which the member would be in violation of Subsection E(1) of this section. The meeting minutes shall identify the disqualified member, the reason for disqualification, and indicate the time that the member left the meeting and subsequently returned.
(3)
Any member who has been required to disqualify himself/herself from participating in public or private deliberations, voting, or taking any action in his/her capacity as a board member relating to such matter, pursuant to Subsection E(2), on more than two occasions during the calendar year shall resign from membership on that board effective 30 days from the date that the third disqualification arises.
A municipal officer or employee shall not:
A.
Use his/her official authority or influence for the
purpose of interfering with the result of an election or nomination
for office; or
B.
Directly or indirectly coerce, attempt to coerce,
command or advise a state, county or local officer or employee to
pay, lend or contribute anything of value to a party, committee, organization,
agency or person for political purposes.
Upon the complaint of any person alleging facts
which, if true, would constitute improper conduct under the provisions
of this article, the Council, in the case of an official, and the
Manager, in the case of an employee, shall conduct a full investigation
to determine whether there are sufficient facts supportive of the
complaint to warrant further action.
None of the provisions of this policy shall
operate or be construed to violate any state statutes or valid collective
bargaining agreements. Such statutes and agreements containing provisions
which are contrary to this policy shall not be affected thereby, but
the provisions of this policy shall remain effective and be applicable
to all officials, advisers and employees not governed by such contrary
provisions or state statutes or collective bargaining agreements.
